"(E)xceeds authorized access" terminology was left undefined. Misinterpretations and abuse followed. Overzealous prosecutors take full advantage.

In 1984, CFAA was enacted. It was amended numerous times. It's primarily a criminal law. At issue are seven types of offenses.

They include obtaining national security information, compromising confidentiality, trespassing in a government computer, accessing a system to defraud and/or obtain value, damaging a computer or information therein, trafficking in passwords, and threatening to damage a computer.

It cautions users not to "try to access them using a method other than the interface and the instructions (it) provide(s)." Doing so risks criminal liability.

Don't try sending sexy messages on eHarmony. Its Terms of Service prohibit using it for "sexually oriented" content. "Off-topic" or "meaningless" material is banned. Searching for love the wrong way invites trouble.

EFF is clear and unequivocal saying:

Abusive legislation may "land you in the Big House."

"Internet users shouldn't live in fear that they could face criminal liability for mere terms of service violations - especially given that website terms are often vague, lopsided and subject to change without notice."

"Security testing, code building, and free speech - even if unabashedly impolite - are fundamental parts of the Internet's character."

Redundant sections let overzealous prosecutors pile one. They can add multiple charges. They can ratchet up penalties. They can turn minor infractions into major ones.

Other statutes also address computer crime. Employees using their computer credentials for access into corporate systems to obtain sensitive proprietary information can be charged with misappropriation of trade secrets under 18 USC 1832.

Improperly accessing Social Security numbers for identity theft purposes can be prosecuted under the identity theft statute (18 USC 1028).

Aggravated identity theft can be charged under 18 USA 1028A. Persons trafficking in stolen passwords for an online bank account face charges of trafficking in a stolen access device under 18 USC 1029.

"Repeat offenses should trigger harsher punishments only if they happen after a prior conviction," says EFF.

Computer misdemeanors shouldn't be criminalized. They're misunderstood. Maximum penalties are one year or less imprisonment.

Felonies bring more than one year. Multiple ones pile on. Harsher punishment follows. Doing so should be restricted to serious crimes.

Offenses causing little or no harm should be minor misdemeanors. Lives shouldn't be ruined for slight infractions. Loss of freedom is serious. Probation terms can be onerous. Minor violations can bring harsh punishment.

They should be related to other felonies. Examples include identity theft, obtaining trade secrets, criminal copyright infringement, or stealing classified government information.

They should apply to damaging computer systems if doing so impairs medical diagnoses or treatment, injures people other ways, creates public health or safety issues, affects government computers used for justice, national defense, or national security, and/or is done for commercial advantage or significant private financial gain.

EFF called Aaron Swartz "a close friend and collaborator." His suspicious death was more than a personal tragedy. It was "the product of a criminal justice system rife with intimidation and prosecutorial overreach," said EFF.

He was energetic, not inactive, withdrawn and isolated. He had every reason to live, not die. He had much more he wanted to accomplish.

He "had a profound capacity for pleasure in everyday life." His "death was not caused by depression."

She blames "a criminal justice system that prioritizes power over mercy, vengeance over justice, a system that punishes innocent people for trying to prove their innocence instead of accepting plea deals that mark them as criminals in perpetuity."

Others dismiss suicide entirely. Aaron's own words excluded it they say. His Open Access Manifesto called information power.

"But like all power, there are those who want to keep it for themselves," he said. He wanted scholarly/scientific "public culture" information shared.

"When things are hard - and he said it is the important things that are hard - you have to lean into the pain." Does that sound like someone planning suicide?

It's time to amend CFAA, says EFF. Doing so will prevent prosecutors from arbitrarily throwing the book at people "they don't like."

Aaron's "memory should challenge us to make the Internet, the law, and the world better. One place to start is CFAA."

Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.